Reserved category candidates who score more than general category candidates should be appointed to the general category pool - SC

CASE: BSNL vs Sandeep Choudhary

BENCH: Justices MR Shah and BV Nagarathna

Recently, the Top Court held that a reserved category candidate who scores higher rank than a general category candidate should be considered for appointment to the general category pool. The remaining seats in the reserved category should be filled by other deserving candidates from such the reserved category. 

FACTS:

The Court was hearing an appeal by Bharat Sanchar Nigam Limited ("BSNL"), challenging an order of the Rajasthan High Court. The HC held that the selection of the two reserved category candidates was to be adjusted against the general category as they had scored more than the last general category candidates appointed.

In this case, reserved category candidates applied for the post of Telecom Technical Assistants (TTAs). They gave an open competitive examination, where no person from the general category got more than 40% marks. However, four OBC category candidates got more than 33% marks.

Due to poor results, BSNL relaxed the qualifying marks by 10%. In view of the same, for the general category, the qualifying was refixed at 30% and 23% for reserved categories.

Two OBC candidates, Alok Kumar Yadav and Alka Saini were more meritorious than the candidates from the general category. Both the candidates were found eligible to be appointed under the reserved category. The respondent, another applicant, who was in first place on the waiting list in the OBC category, was aggrieved by the appointment and hence, approached the Central Administrative Tribunal (CAT).

CAT held that those merit holding OBC category candidates were required to be adjusted against the general category seats. Thus, the reserved OBC seats were required to be filled in on merit by remaining reserved category candidates. BSNL approached the High Court against CAT's order but the same was dismissed.

HELD

The Court upheld the High Court ruling and held the appointments of the two meritorious OBC candidates under the general category are valid.